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Hochul Picks New York's Next Chief Judge, Pending Senate Confirmation
The nominee grew up on Long Island, and was the first person in his family to get a college degree.
Litigation Proliferation Adds to Court Backlog
One of the biggest issues facing the legal sector today is the present and growing court backlog. It's become so severe that task forces from the National Center for State Courts (NCSC) and individual states are exploring changes to court procedures to ensure access and speed to resolution.
Accountings in Estate and Trust Proceedings, Part I: Informal Accountings
This article, the first in a series, discusses settling fiduciary accounts informally rather than the fiduciary being compelled pursuant to SCPA §2205 or through the voluntary judicial settlement process as prescribed in the SCPA §2210.
Erie County Surrogate Judge and OCA Feud Over Power to Make Non-Judicial Appointments
The Erie County court has been without a chief clerk since May, and without a deputy chief clerk since July, and there's an "urgent need" to fill the roles because it is the busiest surrogate's court outside of New York City.
Jurisdictional Considerations in Choosing Fora for Disputes Concerning Decedents' Assets
This column is intended to illustrate a few examples of jurisdictional issues that involve disputes over a decedent's assets or affairs to demonstrate why a choice of forum is not always as obvious or simple as one might assume.
Law Journal Press | Digital Book
New Jersey Estate Litigation 2014
Authors: Michael R. Griffinger, Paul F. Cullum III
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Conduct That Falls Within the Doctrine of 'In Pari Delicto'
While the doctrine's original focus was on illegal acts and illegal contracts, it has since been significantly expanded to other types of wrongdoing, including civil wrongs, as discussed by Thomas J. Hall and Judith A. Archer in this edition of their Commercial Division Update.
How Final Is a Decree Based Upon Virtual Representation?
While we often see virtual representation provisions contained in wills and trust instruments, the absence of such a provision is not fatal to the application of the doctrine of virtual representation.
SCPA Article 17 Guardianships: How To Invest for a Minor
With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.
Thoughts on Court Consolidation, Revisited
As a follow-up to his previous article on court consolidation, Raymond Radigan continues the discussion by providing further insights for practitioners and others interested in Surrogate's Court practice.
Revisiting Pay-When-Paid Clauses in Construction Contracts
Adam Browser discusses an overlooked section of the Prompt Payment Act which provides an alternative to invalid 'pay-when-paid' clauses.More from ALM
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